A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...
A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ... A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...
Instructions to BiddersLowest Calculated Bid, and so on until the Lowest Calculated Responsive Bidis determined for contract award.29.6. Within a period not exceeding seven (7) calendar days from the date of receiptof the recommendation of the BAC, the Head of the Procuring Entity shallapprove or disapprove the said recommendation. In the case of GOCCs andGFIs, the period provided herein shall be fifteen (15) calendar days.30. Reservation Clause30.1. Notwithstanding the eligibility or post-qualification of a bidder, the ProcuringEntity concerned reserves the right to review its qualifications at any stage ofthe procurement process if it has reasonable grounds to believe that amisrepresentation has been made by the said bidder, or that there has been achange in the Bidder’s capability to undertake the project from the time itsubmitted its eligibility requirements. Should such review uncover anymisrepresentation made in the eligibility and bidding requirements, statementsor documents, or any changes in the situation of the Bidder which will affectits capability to undertake the project so that it fails the preset eligibility or bidevaluation criteria, the Procuring Entity shall consider the said Bidder asineligible and shall disqualify it from submitting a bid or from obtaining anaward or contract.30.2. Based on the following grounds, the Procuring Entity reserves the right toreject any and all bids, declare a Failure of Bidding at any time prior to thecontract award, or not to award the contract, without thereby incurring anyliability, and make no assurance that a contract shall be entered into as a resultof the bidding:(a)(b)(c)If there is prima facie evidence of collusion between appropriate publicofficers or employees of the Procuring Entity, or between the BAC andany of the bidders, or if the collusion is between or among the biddersthemselves, or between a bidder and a third party, including any actwhich restricts, suppresses or nullifies or tends to restrict, suppress ornullify competition;If the Procuring Entity’s BAC is found to have failed in following theprescribed bidding procedures; orFor any justifiable and reasonable ground where the award of thecontract will not redound to the benefit of the GOP as follows:(i)(ii)(iii)If the physical and economic conditions have significantlychanged so as to render the project no longer economically,financially or technically feasible as determined by the head ofthe procuring entity;If the project is no longer necessary as determined by the headof the procuring entity; andIf the source of funds for the project has been withheld orreduced through no fault of the Procuring Entity.30.3. In addition, the Procuring Entity may likewise declare a failure of biddingwhen:(a) No bids are received;(b) All prospective bidders are declared ineligible;(c) All bids fail to comply with all the bid requirements or fail postqualification;orPage 18 of 40
Instructions to Bidders(d)The bidder with the Lowest Calculated Responsive Bid (LCRB)refuses, without justifiable cause to accept the award of contract, andno award is made.F. Award of Contract31. Contract Award31.1. Subject to ITB Clause 29, the Procuring Entity shall award the contract to theBidder whose bid has been determined to be the LCRB.31.2. Prior to the expiration of the period of bid validity, the Procuring Entity shallnotify the successful Bidder in writing that its bid has been accepted, through aNotice of Award received personally or sent by registered mail orelectronically, receipt of which must be confirmed in writing within two (2)days by the Bidder with the LCRB and submitted personally or sent byregistered mail or electronically to the Procuring Entity.31.3. Notwithstanding the issuance of the Notice of Award, award of contract shallbe subject to the following conditions:(a) Submission of the valid JVA, if applicable, within ten (10) calendardays from receipt by the Bidder of the notice from the BAC that theBidder has the LCRB;(b) Posting of the performance security in accordance with ITB Clause 33;(c) Signing of the contract as provided in ITB Clause 32; and(d) Approval by higher authority, if required.31.4. At the time of contract award, the Procuring Entity shall not increase ordecrease the quantity of goods originally specified in Section VI. Schedule ofRequirements.32. Signing of the Contract32.1. At the same time as the Procuring Entity notifies the successful Bidder that itsbid has been accepted, the Procuring Entity shall send the Contract Form tothe Bidder, which contract has been provided in the Bidding Documents,incorporating therein all agreements between the parties.32.2. Within ten (10) calendar days from receipt of the Notice of Award, thesuccessful Bidder shall post the required performance security and sign anddate the contract and return it to the Procuring Entity.32.3. The Procuring Entity shall enter into contract with the successful Bidderwithin the same ten (10) calendar day period provided that all the documentaryrequirements are complied with.32.4. The following documents shall form part of the contract:(a) Contract Agreement;(b) Bidding Documents;(c) Winning bidder’s bid, including the Technical and Financial Proposals,and all other documents/statements submitted;(d) Performance Security;(e) Credit line in accordance with ITB Clause 5.5, if applicable;(f) Notice of Award of Contract; and(g) Other contract documents that may be required by existing laws and/orspecified in the BDS.Page 19 of 40
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Instructions to <strong>Bid</strong>ders(d)The bidder with the Lowest Calculated Responsive <strong>Bid</strong> (LCRB)refuses, without justifiable cause to accept the award <strong>of</strong> contract, andno award is made.F. Award <strong>of</strong> Contract3<strong>1.</strong> Contract Award3<strong>1.</strong><strong>1.</strong> Subject to ITB Clause 29, the Procuring Entity shall award the contract to the<strong>Bid</strong>der whose bid has been determined to be the LCRB.3<strong>1.</strong><strong>2.</strong> Prior to the expiration <strong>of</strong> the period <strong>of</strong> bid validity, the Procuring Entity shallnotify the successful <strong>Bid</strong>der in writing that its bid has been accepted, through aNotice <strong>of</strong> Award received personally or sent by registered mail orelectronically, receipt <strong>of</strong> which must be confirmed in writing within two (2)days by the <strong>Bid</strong>der with the LCRB and submitted personally or sent byregistered mail or electronically to the Procuring Entity.3<strong>1.</strong><strong>3.</strong> Notwithstanding the issuance <strong>of</strong> the Notice <strong>of</strong> Award, award <strong>of</strong> contract shallbe subject to the following conditions:(a) Submission <strong>of</strong> the valid JVA, if applicable, within ten (10) calendardays from receipt by the <strong>Bid</strong>der <strong>of</strong> the notice from the BAC that the<strong>Bid</strong>der has the LCRB;(b) Posting <strong>of</strong> the performance security in accordance with ITB Clause 33;(c) Signing <strong>of</strong> the contract as provided in ITB Clause 32; and(d) Approval by higher authority, if required.3<strong>1.</strong>4. At the time <strong>of</strong> contract award, the Procuring Entity shall not increase ordecrease the quantity <strong>of</strong> goods originally specified in Section VI. Schedule <strong>of</strong>Requirements.3<strong>2.</strong> Signing <strong>of</strong> the Contract3<strong>2.</strong><strong>1.</strong> At the same time as the Procuring Entity notifies the successful <strong>Bid</strong>der that itsbid has been accepted, the Procuring Entity shall send the Contract Form tothe <strong>Bid</strong>der, which contract has been provided in the <strong>Bid</strong>ding Documents,incorporating therein all agreements between the parties.3<strong>2.</strong><strong>2.</strong> Within ten (10) calendar days from receipt <strong>of</strong> the Notice <strong>of</strong> Award, thesuccessful <strong>Bid</strong>der shall post the required performance security and sign anddate the contract and return it to the Procuring Entity.3<strong>2.</strong><strong>3.</strong> The Procuring Entity shall enter into contract with the successful <strong>Bid</strong>derwithin the same ten (10) calendar day period provided that all the documentaryrequirements are complied with.3<strong>2.</strong>4. The following documents shall form part <strong>of</strong> the contract:(a) Contract Agreement;(b) <strong>Bid</strong>ding Documents;(c) Winning bidder’s bid, including the Technical and Financial Proposals,and all other documents/statements submitted;(d) Performance Security;(e) Credit line in accordance with ITB Clause 5.5, if applicable;(f) Notice <strong>of</strong> Award <strong>of</strong> Contract; and(g) Other contract documents that may be required by existing laws and/orspecified in the BDS.Page 19 <strong>of</strong> 40
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